Notice of Final Federal Agency Actions on Proposed Highway in North Carolina, 4452-4453 [2017-00554]

Download as PDF 4452 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 9. Fish and Wildlife Coordination Act of 1934, as amended 10. Noise Control Act of 1972 11. Safe Drinking Water Act of 1944, as amended 12. Executive Order 11990—Protection of Wetlands 13. Executive Order 11988 Floodplain Management 14. Executive Order 13112, Invasive Species 15. Executive Order 12898, Federal Actions to Address Environmental Justice and Low-Income Populations 16. Title VI of Civil Rights Act 1964, as amended 17. Clean Air Act of 1963, as amended (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: January 3, 2017. Matt Schmitz, Director, Project Delivery, Federal Highway Administration, Sacramento, California. [FR Doc. 2017–00662 Filed 1–12–17; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in North Carolina Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitations on claims for judicial review of actions by FHWA and other federal agencies. AGENCY: This notice announces action taken by the FHWA and other federal agencies that is final within the meaning of 23 U.S.C. 139(l)(1). This final agency action relates to a proposed highway project, Bonner Bridge Replacement Project along NC 12, from Rodanthe to Bodie Island in Dare County, North Carolina. The FHWA’s Record of Decision (ROD) identifies the Bridge on New Location as the selected alternative for Phase IIb (Rodanthe Breach) of the Bonner Bridge Replacement Project. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before June 12, 2017. If the Federal law that authorizes judicial asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:06 Jan 12, 2017 Jkt 241001 review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For FHWA: Clarence W. Coleman, P.E., Director of Preconstruction and Environment, Federal Highway Administration, North Carolina Division, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina 27601– 1418; Telephone: (919) 747–7014; email: clarence.coleman@dot.gov. FHWA North Carolina Division Office’s normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the North Carolina Department of Transportation (NCDOT): Rodger Rochelle, Director of Technical Services, North Carolina Department of Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North Carolina 27699–1548; Telephone (919) 707–2900; email: rdrochelle@ncdot.gov. NCDOT Technical Services Division Office’s normal business hours are 8 a.m. to 5 p.m. (Eastern Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken final agency action by issuing a Record of Decision (ROD) for the following highway project in the State of North Carolina: Rodanthe Breach Long-Term Improvements for Phase IIb of the Bonner Bridge Replacement Project along Highway NC 12 in Dare County, North Carolina. The project is also known as State Transportation Improvement Program (STIP) Project B– 2500B, and is part of the second phase (Phase IIb) of the Parallel Bridge Corridor/Transportation Management Plan (PBC/TMP), which was identified as the selected alternative for the Bonner Bridge Replacement Project (STIP No. B–2500) in the Record of Decision (ROD) approved by FHWA on December 20, 2010. The NC 12 PBC/ TMP addresses the length of the entire project for STIP No. B–2500, from the Village of Rodanthe to Bodie Island. The TMP is guiding the implementation of future phases of the project through 2060. Located along the Outer Banks of North Carolina, the selected alternative for Phase IIb is approximately 2.8 miles in length, including a 2.4-mile long bridge on new location. The proposed alignment for NC 12 would leave the existing NC 12 alignment within the Pea Island National Wildlife Refuge at a point approximately 1.8 miles north of the Refuge boundary and enter Pamlico Sound. The bridge would be in Pamlico Sound until a point north of the Rodanthe emergency ferry terminal, where NC 12 would turn east and enter Rodanthe. The bridge extends PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 approximately 1,400 feet west of the Pamlico Sound shoreline at its farthest point. The Rodanthe area was breached as a result of Hurricane Irene in August 2011 and remains susceptible to breaches at the south end of the Refuge and Rodanthe, as well as the Rodanthe ‘S’ Curves Hot Spot that experiences high erosion rates. The FHWA’s action, related actions by other Federal agencies and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS)/ Final Section 4(f) Evaluation for the project, approved on September 17, 2008; the Revised Final Section 4(f) Evaluation, approved on October 9, 2009; the Environmental Assessment, approved on May 7, 2010; the FHWA ROD approved on December 20, 2010 for Phase I and the PBC/TMP for the remainder of the project; the Phase IIb Environmental Assessment, approved December 3, 2013; a Revised Phase IIb Environmental Assessment, approved May 24, 2016, the FHWA ROD for Phase IIb approved on December 15, 2016 and other documents in the project file. The above documents are available for review by contacting the FHWA or the NCDOT at the addresses provided above. In addition, these documents can be viewed and downloaded from the project Web site at http:// www.ncdot.gov/projects/ bonnerbridgereplace/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Coastal Barrier Resources Act [16 U.S.C. 3501–3510]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544]; Marine Mammal Protection Act [16 U.S.C. 1361–1407]; Anadromous Fish Conservation Act [16 U.S.C. 757(a)–757(g)]; Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703–712]; Magnuson-Stevenson Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966 [16 U.S.C. 470(f)]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]. E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 7. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251– 1377]; Coastal Barrier Resources Act [16 U.S.C. 3501–3510]; Coastal Zone Management Act [16 U.S.C. 1451–1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271– 1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 (SARA; 42 U.S.C. 11011 et seq.); Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species; and E.O. 13186— Responsibilities of Federal Agencies to Protect Migratory Birds. This notice does not apply to those pending environmental permitting decisions. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) asabaliauskas on DSK3SPTVN1PROD with NOTICES Authority: 23 U.S.C. 139(l)(1). Issued on: December 22, 2016. Clarence W. Coleman, Director of Preconstruction and Environment, Raleigh, North Carolina. [FR Doc. 2017–00554 Filed 1–12–17; 8:45 am] BILLING CODE 4910–RY–P VerDate Sep<11>2014 19:06 Jan 12, 2017 Jkt 241001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2017–0001] Establishment of an Emergency Relief Docket for Calendar Year 2017 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of establishment of public docket. AGENCY: This Notice announces the establishment of FRA’s emergency relief docket (ERD) for calendar year 2017. The designated ERD for calendar year 2017 is Docket Number FRA–2017– 0001. SUMMARY: On May 19, 2009, FRA published a direct final rule establishing ERDs and the procedures for handling petitions for emergency waivers of safety rules, regulations, or standards during an emergency situation or event. 74 FR 23329. The direct final rule became effective on July 20, 2009, and made minor modifications to 49 CFR 211.45 in FRA’s Rules of Practice in 49 CFR part 211. Section 211.45(b) provides that each calendar year FRA will establish an ERD in the publicly accessible DOT docket system (available at http:// www.regulations.gov). Section 211.45(b) further provides that FRA will publish a notice in the Federal Register identifying by docket number the ERD for that year. FRA established the ERD and emergency waiver procedures to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events. This Notice announces the designated ERD for calendar year 2017 is Docket Number FRA–2017–0001. As detailed in Section 211.45, if the FRA Administrator determines an emergency event as defined in 49 CFR 211.45(a) has occurred, or that an imminent threat of such an emergency occurring exists, and public safety would benefit from providing the railroad industry with operational relief, the emergency waiver procedures of 49 CFR 211.45 will go into effect. In such an event, the FRA Administrator will issue a statement in the ERD indicating the emergency waiver procedures are in effect and FRA will make every effort to post the statement on its Web site at http://www.fra.dot.gov. Any party desiring relief from FRA regulatory requirements as a result of the emergency should submit a petition for emergency waiver under 49 CFR SUPPLEMENTARY INFORMATION: PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 4453 211.45(e) and (f). Specific instructions for filing petitions for emergency waivers under 49 CFR 211.45 are found at 49 CFR 211.45(f). Specific instructions for filing comments in response to petitions for emergency waivers are at 49 CFR 211.45(h). Anyone can search the electronic form of any written communications and comments received regarding any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2017–00691 Filed 1–12–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2002–11896] Petition for Waiver of Compliance In accordance with part 211 of Title 49 of the Code of Federal Regulations (CFR), this document provides the public notice that by a document dated December 5, 2016, Norfolk Southern Corporation (NS) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 231. FRA assigned the petition Docket Number FRA–2002–11896. In its petition, NS requested that the FRA extend its existing waiver of compliance from certain provisions of 49 CFR part 231 for an additional 5 years, permitting NS’s Triple Crown Service to continue to operate RoadRailer® trains. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Ave. SE., W12–140, Washington, DC 20590. The Docket E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4452-4453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00554]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
North Carolina

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitations on claims for judicial review of actions 
by FHWA and other federal agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces action taken by the FHWA and other 
federal agencies that is final within the meaning of 23 U.S.C. 
139(l)(1). This final agency action relates to a proposed highway 
project, Bonner Bridge Replacement Project along NC 12, from Rodanthe 
to Bodie Island in Dare County, North Carolina. The FHWA's Record of 
Decision (ROD) identifies the Bridge on New Location as the selected 
alternative for Phase IIb (Rodanthe Breach) of the Bonner Bridge 
Replacement Project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before June 12, 2017. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Clarence W. Coleman, P.E., 
Director of Preconstruction and Environment, Federal Highway 
Administration, North Carolina Division, 310 New Bern Avenue, Suite 
410, Raleigh, North Carolina 27601-1418; Telephone: (919) 747-7014; 
email: clarence.coleman@dot.gov. FHWA North Carolina Division Office's 
normal business hours are 8 a.m. to 5 p.m. (Eastern Time). For the 
North Carolina Department of Transportation (NCDOT): Rodger Rochelle, 
Director of Technical Services, North Carolina Department of 
Transportation (NCDOT), 1548 Mail Service Center, Raleigh, North 
Carolina 27699-1548; Telephone (919) 707-2900; email: 
rdrochelle@ncdot.gov. NCDOT Technical Services Division Office's normal 
business hours are 8 a.m. to 5 p.m. (Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Record of Decision (ROD) for the 
following highway project in the State of North Carolina: Rodanthe 
Breach Long-Term Improvements for Phase IIb of the Bonner Bridge 
Replacement Project along Highway NC 12 in Dare County, North Carolina. 
The project is also known as State Transportation Improvement Program 
(STIP) Project B-2500B, and is part of the second phase (Phase IIb) of 
the Parallel Bridge Corridor/Transportation Management Plan (PBC/TMP), 
which was identified as the selected alternative for the Bonner Bridge 
Replacement Project (STIP No. B-2500) in the Record of Decision (ROD) 
approved by FHWA on December 20, 2010. The NC 12 PBC/TMP addresses the 
length of the entire project for STIP No. B-2500, from the Village of 
Rodanthe to Bodie Island. The TMP is guiding the implementation of 
future phases of the project through 2060.
    Located along the Outer Banks of North Carolina, the selected 
alternative for Phase IIb is approximately 2.8 miles in length, 
including a 2.4[hyphen]mile long bridge on new location. The proposed 
alignment for NC 12 would leave the existing NC 12 alignment within the 
Pea Island National Wildlife Refuge at a point approximately 1.8 miles 
north of the Refuge boundary and enter Pamlico Sound. The bridge would 
be in Pamlico Sound until a point north of the Rodanthe emergency ferry 
terminal, where NC 12 would turn east and enter Rodanthe. The bridge 
extends approximately 1,400 feet west of the Pamlico Sound shoreline at 
its farthest point. The Rodanthe area was breached as a result of 
Hurricane Irene in August 2011 and remains susceptible to breaches at 
the south end of the Refuge and Rodanthe, as well as the Rodanthe `S' 
Curves Hot Spot that experiences high erosion rates.
    The FHWA's action, related actions by other Federal agencies and 
the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (FEIS)/Final Section 4(f) 
Evaluation for the project, approved on September 17, 2008; the Revised 
Final Section 4(f) Evaluation, approved on October 9, 2009; the 
Environmental Assessment, approved on May 7, 2010; the FHWA ROD 
approved on December 20, 2010 for Phase I and the PBC/TMP for the 
remainder of the project; the Phase IIb Environmental Assessment, 
approved December 3, 2013; a Revised Phase IIb Environmental 
Assessment, approved May 24, 2016, the FHWA ROD for Phase IIb approved 
on December 15, 2016 and other documents in the project file. The above 
documents are available for review by contacting the FHWA or the NCDOT 
at the addresses provided above. In addition, these documents can be 
viewed and downloaded from the project Web site at http://www.ncdot.gov/projects/bonnerbridgereplace/.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Coastal Barrier Resources Act [16 U.S.C. 3501-
3510].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Marine 
Mammal Protection Act [16 U.S.C. 1361-1407]; Anadromous Fish 
Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife 
Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty Act [16 
U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and Management 
Act [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966 [16 U.S.C. 470(f)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)].

[[Page 4453]]

    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 
4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-
300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Wild 
and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands 
Resources Act [16 U.S.C. 3921, 3931]; TEA-21 Wetlands Mitigation [23 
U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA; 42 U.S.C. 
11011 et seq.); Resource Conservation and Recovery Act (RCRA) [42 
U.S.C. 6901-6992(k)].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species; and E.O. 13186--Responsibilities 
of Federal Agencies to Protect Migratory Birds.
    This notice does not apply to those pending environmental 
permitting decisions. (Catalog of Federal Domestic Assistance Program 
Number 20.205, Highway Research, Planning and Construction. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.)

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: December 22, 2016.
Clarence W. Coleman,
Director of Preconstruction and Environment, Raleigh, North Carolina.
[FR Doc. 2017-00554 Filed 1-12-17; 8:45 am]
BILLING CODE 4910-RY-P